Coppie straniere: perché è importante individuare correttamente la giurisdizione in materia di separazione giudiziale e responsabilità genitoriale
May 29, 2024“Bird Nesting” arrangements take place between the parents when they take turns in shared custody of the kids, who remain in the family home. Let’s try to explain this type of divorce agreements a little better, as they are not yet very well known, especially in Italy where I live.
For many divorcing parents keeping the kids in the family home is a priority: and when it comes to 50% shared custody (which is the default rule in Italy) moving them every week to and fro their parents’ home may be confusing.
A nesting plan, instead, also known as “bird nest parenting for divorce” is a type of co-parenting custody arrangement whereby divorced or separated parents keep the marital family home and the kids reside there 100% of the time. This approach aims to provide stability and minimise disruption to the children’s lives during and after the divorce.
A big disadvantage is that parents need to maintain two or even three apartments for a period of time. Having multiple residences can present financial difficulties for both parents, particularly if additional rental costs are involved.
The non-residential parent would have to find a separate living arrangement during their ‘off-duty’ period, in fact.
Apparently -in my experience- the so called “nesting” may work, though for a short time. This arrangement may offer a temporary measure, used either until the finalized divorce or some other approaching milestone is in view (such as a child’s high school graduation or the sale of the family home: the latter may take 6 months to 1 year in Italy).
“Nesting” also comes with other financial and emotional challenges. Before considering nesting, parents should therefore carefully look at their circumstances, communicate well, and seek legal guidance to ensure that the arrangement aligns with their long-term goals.
From the emotional point of view nesting can also be confusing for the children if it continues indefinitely: the reality is that at some point the family will want to move on with both parents having independent homes and the children spending time at each one.
This having been said, the nesting agreements are very good – I think- to take a big problem off the table or “to take the chestnuts out of the embers”, as the Italian saying goes, and concentrate on the children’s best interest (whereby the “hot chestnut” in question is often represented by the division of family home).
Marco Calabrese is an International Family Law Attorney and Collaborative Attorney shortlisted by the US and UK Embassy in Rome Owner of the Family Law Italy, a boutique law firm, located in Rome, Italy. m.calabrese@familylawitaly.com – website www.familylawitaly.com – +39068075014 +393289112809